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(영문) 부산지방법원 2018.09.13 2018고단2243
자동차손해배상보장법위반
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by a fine of three thousand won,00,000 won.

However, the defendant A.

Reasons

Punishment of the crime

No automobile which is not covered by mandatory insurance shall be operated on a road.

1. Defendant A owned D Coindo, and operated the said vehicle over eight times in total from around May 13, 2017 to around May 13, 2017, including the operation of the said vehicle, which was not covered by mandatory insurance, on the route of the business establishment of the gold-gu Association, Busan, Geum-gu, Busan, and around that time. From around that time to April 1, 2018, Defendant A operated the said vehicle as shown in attached Table 1.

2. Defendant B owned a dump truck on March 2, 2017, and Defendant B operated the said truck on five occasions in total, as shown in attached Table 2, from around 39.1km to May 26, 2017, by F, an employee of the said Defendant, in the vicinity of 39.1km in Busan at the seat of Busan at the Busan Highway, and around that time, from around that time to May 26, 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of the defendant A;

1. Provision of information on non-insurance operating vehicles, inquiry into non-insurance operating vehicles, inquiry into each medical insurance contract, inquiry into the ledger of automobile registration, registration certificate, certificate of registered matters, business registration certificate, notification data reply, response to traffic accident data, investigation report (verification of whether a person has subscribed to the insurance), investigation report (verification of whether a person has subscribed to the insurance), and application of Acts and subordinate statutes to investigation reports (

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 46(2)2 of the Guarantee of Automobile Damage Compensation Act and the main sentence of Article 8 (Selection of Imprisonment);

B. Defendant B: Articles 47 and 46(2)2 and the main sentence of Article 8 of the Guarantee of Compensation for Damages of Motor Vehicles

1. Article 37 (former part of Article 37 of the Criminal Act, Article 38 (1) 2 and Article 50 of the Criminal Act

1. The reason for sentencing under Article 62(1) of the Criminal Act (see, e.g., the grounds for sentencing) is as follows: (a) the motive and background of the instant crime; (b) the confession of all the Defendant; and (c) his mistake is divided; (d) the E dump trucks are covered by mandatory insurance after the discovery of the crime; and (b) the E dump trucks are covered by the mandatory insurance.

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